Rights Protection Cases

Rights Protection Cases

Unfair Discrimination and Infringement of Equality of Insured Persons by Limiting the Number of Dialysis Treatment (A.593/2560)


Mr. N (the Plaintiff) was diagnosed of having chronic kidney disease and a doctor determined that he had to receive dialysis treatment. He could not afford to pay the medical fees so he as an insured person claimed medical expense reimbursement entitled under the Social Security Act, B.E. 2533. Pursuant to Clause 5 (1) (b) of the Rules, Conditions and Rate of Medical Fees for Renal Replacement Therapy, the annex of the Announcement of the Medical Committee on the Rule and Rate of Benefit Reimbursed from Illness Not Occurring from Work which was issued by the virtue of the Social Security Act, the rate of dialysis fees shall be no more than 1,500 Baht per time and no more than 4,500 Baht per week and an insured person shall be responsible for an excess of the fees. Consequently, Mr. N could not access to medical treatment because he could not afford to pay uncovered fees. He then filed a case with the Administrative Court.